Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-09-01
PRIVATE RIGHTS.
Full Text OF the Decision Of
the U. S. Circuit Court
In TIE MATTER OF POWERS
OF The Pacific Railroad Commission
and The Rights Of Witnesses.
LEGISLATIVE VERSUS JUDICIAL
FUNCTIONS.
The Right of Citizens to be Secure
in the Privacy of their Books
and Papers.
OPINIONS OF JUDGES FIELD,
SAWYER AND SARIS.
Able Expositions of Constitutional
Law and the Principles of
Republican Form of Gov
ernment-Clear. Sim
pie, Forcible.

We present herewith the full text OF the
decision of the United States Circuit Court
N the matter Of the appeal of the Pacific
Railway Commission for the exercise of
the judicial power to compel witnesses to
answer certain questions propounded BY
the Commission. The opinion is by JUS
tice Field, Judges Sawyer and Sabin con-
curing. The opinions were handed down
at a session of the Court in San Francisco
on Monday last:
Syllabi.
In the Circuit Court of the United States Ninth
Circuit, Northern District of California-In the
matter of the application of the Pacific Rail
way Commission, No. SOB
l. The Pacific Railway Commission is not a
Judicial body and possesses no judicial pow
ers under the Act OF Congress of March s.
1857, creating 1t, and can determine none of
the rights OF the Government or of the cor
porahons whose affairs it Is appointed TO in
VeStigate.
= Congress cannot compel the production OF
private books and papers of citizens for its
inspection, except in the course of judicial
proceedings, or in suits instituted for that
purpose and then only upon ayerments that
It's rights in some way depend upon evidence
therein contained.
:. The Courts are open to the United States as
70 private parties to secure ample protection
for Gil its legal rights and interests, by reg1l.
lar proceedings.
4. Congress cannot empower a commission To
investigate the private affairs books and
papers of the officers and employees of cor
porasions indebted to the Government as t.
their relations to other companies with
which such corporations have had dealings
except as lar as such officers and employees
are willing to submit the same for inspec-
ton; aud the investigation of the Pacific
Railway Commission into the affairs of
officers and employees of the Pacific Railway
Companies under the Act of March 3, 1887,
is limited to that extent.
). The United States has no interest in exDeu
ditures Of the Central Pacific Railr 9ad Com
pany under vouchers which have not been
charged against the Government in the &C
counts between them and the Pacific Rail.
way Commission, under the Act of Congress
of March 8, 1887, has no power to investigate
such expenditures against the will of the
company and its officers.
3. The judicial power of the United States is
limited TO leases" and controversies !"
enumerated in Article ILL., Section l. of the
Constitution as modified by the eleventh
amendment, and to petition on habeas cor
pus, and cannot be extended by Congress
and by such -" cases" and " controversies -
are meant the claims of litigants brought for
determination by the regular judicial pro-
cee0lntss established by law or custom
The judicial department is independent of
the legislative in the Federal Government,
and Congress cannot make the Courts its in
strurnenis in conducting mere legislative in
vestigations.
;. The power of United States Courts to author
lie the taking of dispositions on letters roga-
tory from Courts OF foreign jurisdiction
exists by International comfy and cannot
DC INVOKED by mere investigating COM
mittee appointed by Congress.
q. The Central Pacific Railroad Company is a.
State corporation not subject to Federal
control, any further than a natural person
similarly situated would be. Per Sawyer,
j., coneurring.
ID. The Central Pacific Railroad Company is alb
Solutely owner of the lands and bonds
granted 70 it by the Government having
complied with the Act making the grant,
subject 10 the lien of the Government to Sc
cure It's advance, in the same way and 70
the same extent as natural person in like
situation. Per Sawyer, j., concurring.
L. The relation OF creditor and debtor exists
between the United States and the Central
Pacific Railroad Company, under the Act
granting aid 10 the latter, with like force
and effect as if both were natural persons,
the relations being private, and have moth
ing to do with the power of the Government
as sovereign. Per Sawyer. j., c0ncurring.
II. The United States, as creditor cannot insti-
tu.e q compulsory investigation into the
private affairs of the Central Pacific Rail
road Company, or require il to exhibit its
books and papers for inspection in any other
way, or to any greater extent, than would be
lawful in the case of private creditors and
debtors Per Sawyer, j., concurring.
i3. The United States, as creditor, has the same
remedy as private creditor, and no other,
20 compel payment of any moneys due it
from the Central Pacific Railroad Company,
as it debtor or TO prevent the latter from
wasting its assets before the debt natures,
and that remedy, If any, must be by regular
judicial proceeding in due course of law.
and Il has no power 70 institute a rowing
legislative inquisition into the affairs of the
company to ascertain what has been done
or is doing with the money. Per Sawyer,
J.. c0ucurriug